Ex Parte Dietzman

OPINION

This is an application for a writ of habeas corpus pursuant to Art. 11.07, V.A.C.C.P. Applicant was convicted of burglary of a habitation and sentenced to 20 years imprisonment. The conviction was affirmed on appeal. Dietzman v. State, 613 S.W.2d 300 (1981).

Applicant contends that he is entitled to an out-of-time appeal because he received ineffective assistance on appeal. The Court of Appeals held that in the first 16 grounds of error raised on appeal, applicant challenged admissibility of a written and oral confession. At the motion to suppress hearing, the court considered testimony…